Fort Myers Beach residents filed a lawsuit against both the town and Seagate Fort Myers Beach LLC on March 5 over the approval of a controversial development project.
Video above: March 12 headlines
The lawsuit stems from the Town Council’s decision on Feb. 4 to greenlight Seagate’s proposed development on the former Red Coconut RV property, a decision that has sparked controversy among local property owners.
Residents argue that the town’s approval of the development agreement was flawed on multiple levels. They say it was not supported by competent substantial evidence, did not comply with legal requirements and ultimately violated their right to due process.
Now, they are asking a judge to overturn the ordinance that paved the way for the project to move forward.
The main focus of the dispute is the scale of the proposed development. Seagate’s plan includes two towering 255-foot, 17-story condominium buildings, making them the tallest structures on Fort Myers Beach.
The project would also feature additional buildings that exceed the island’s current height restrictions. Residents against the project say it would be an extreme departure from the existing character of the area.
The lawsuit also highlights concerns about how the decision was reached. Before the Town Council’s vote, the Local Planning Agency reviewed the project and recommended that the council reject it. Despite that recommendation, the council moved forward with its approval.
Residents against the development argue that this process was flawed, particularly in how the town interpreted its own land development code’s vague “public benefit” exception, which played a key role in justifying the approval.
Residents also say that at least two council members, John King and Vice Mayor Jim Atterholt, made decisions that were not based on substantial evidence and may have been influenced by bias.
They argue that King’s bias deprived them of due process and that Atterholt’s decision also lacked sufficient legal grounding.
Another major point of contention is that the council allegedly failed to properly consider redevelopment criteria specific to the Red Coconut/Gulfview Colony property, which further questions the legality of its approval.
Residents against the development of the Seagate project argue that this massive high-rise development is a step too far and fear it could set a precedent for more oversized developments in the future.
For now, the battle over the Red Coconut RV Park property is headed to the courtroom, where a judge will decide whether the Town Council’s approval will stand or if it will be sent back to the drawing board.
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